Marquette professor announces state Supreme Court bid

Madison - Marquette University Law School professor Ed Fallone announced Monday he is seeking a spot on the state Supreme Court and signaled he would run against the court itself as much as against Justice Patience Roggensack.

"The Wisconsin Supreme Court is dysfunctional and the only way to fix it is to change the personalities on the bench," Fallone said in a statement. "I am not beholden to any political party or faction on the court or any special interest group. The people of Wisconsin expect - and deserve - judges who respect the importance of an independent judiciary and who are impartial and fair."

His announcement sets up a likely primary, provided all the candidates turn in at least 2,000 nomination signatures by Jan. 2. In addition to Roggensack and Fallone, consumer law attorney Vince Megna has said he is running for the 10-year term on the court.

A Feb. 19 primary would narrow the field to two candidates. The election is April 2.

Dane County Circuit Judge Maryann Sumi is also considering running.

In announcing his campaign, Fallone highlighted the Supreme Court's inability to address the ethics case against Justice David Prosser. Prosser faces a complaint from the state Judicial Commission because he put his hands around the neck of Justice Ann Walsh Bradley during a face-to-face confrontation in June 2011. Prosser contends Bradley was the aggressor, which she disputes.

The case has been stymied because Roggensack and two other justices have stepped aside from the matter because they witnessed the incident. Prosser has said he also will not participate in the case because it is against him.

That leaves at most three justices on the case, but under Supreme Court rules four or more justices are needed to take any action.

"The Wisconsin Supreme Court cannot police the legal profession if it refuses to police itself," Fallone's statement said. "When serious disciplinary charges are brought against a fellow Justice, the people deserve a Justice who will face the issue head on, not run away from it."

Roggensack campaign adviser Brandon Scholz said the race is not about what happened between Prosser and Bradley - two justices who won't be on the ballot this spring. Scholz said the court has become more efficient since Roggensack was elected in 2003.

"The most important thing in the race for Wisconsin Supreme Court is experience," he said. "Justice Roggensack has that experience and she has demonstrated honesty, impartiality and fairness," both on the Supreme Court and the Court of Appeals.

Megna has also been critical of the court's handling of Prosser's case, and he has also argued that Roggensack is part of a court majority that benefits Republicans. Megna, who calls himself a liberal and a Democrat, said Monday he would bring a unique perspective to the court because he is a consumer advocate who has won cases before the Supreme Court.

In an interview, Fallone agreed with Megna that Supreme Court races have taken on partisan overtones in recent years, but he eschewed Megna's political rhetoric.

"I think the elections for Wisconsin Supreme Court have become increasingly partisan, but I don't believe making them more partisan is helpful," Fallone said.

Fallone, 48, of Whitefish Bay, will receive half his salary and teach one class instead of two next semester while he campaigns.

About Patrick Marley

Patrick Marley covers state government and state politics. He is the author, with Journal Sentinel reporter Jason Stein, of "More Than They Bargained For: Scott Walker, Unions and the Fight for Wisconsin.”